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Australia - Hong Kong, China SAR BIT (2019)
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Existing Measures: Australia's Foreign Investment Framework, which comprises Australia's Foreign Investment Policy, the Foreign Acquisitions and Takeovers Act 1975 (Cth); Foreign Acquisitions and Takeovers Regulation 2015 (Cth); Foreign Acquisitions and Takeovers Fees Imposition Act 2015 (Cth); Foreign Acquisitions and Takeovers Fees Imposition Regulation 2015 (Cth); Financial Sector (Shareholdings) Act 1998 (Cth); and Ministerial Statements.

(18) The terms in this entry should be interpreted in accordance with Australia's Foreign Investment Framework as at the date of entry into force of this Agreement.
(19) For the purposes of this entry, the term "foreign person" has the meaning set out in the Foreign Acquisitions and Takeovers Act 1975 (Cth) and the Foreign Acquisitions and Takeovers Regulation 2015 (Cth).
(20) The terms "Australian land" and "interest in Australian land" have the meaning set out in the Foreign Acquisitions and Takeovers Act 1975 (Cth) and the Foreign Acquisitions and Takeovers Regulation 2015 (Cth).

AU-3

Sector: All Sectors

Obligations Concerned

Non-Discriminatory Treatment as Compared with a Party's Own Investors (Article 4)

Non-Discriminatory Treatment as Compared with a Non-Party's Investors (Article 5)

Description (21)

Australia reserves the right to adopt or maintain any measure with respect to the proposed acquisition by a foreign person (22 ) of an interest in agricultural land (23) where the cumulative value of the agricultural land owned by the foreign person alone or together with associates, including the proposed acquisition, is above 15 million Australian dollars.

Australia reserves the right to adopt or maintain any measure with respect to the proposed acquisition by a foreign person of an interest in an agribusiness (24) Australian dollars. where the cumulative value of the interest held by the foreign person in that agribusiness, alone or together with associates, including the proposed acquisition, is above 57 million

Existing Measures

Australia's Foreign Investment Framework, which comprises Australia's Foreign Investment Policy, the Foreign Acquisitions and Takeovers Act 1975 (Cth); Foreign Acquisitions and Takeovers Regulation 2015 (Cth); Foreign Acquisitions and Takeovers Fees Imposition Act 2015 (Cth); Foreign Acquisitions and Takeovers Fees Imposition Regulation 2015 (Cth); Financial Sector (Shareholdings) Act 1998 (Cth); and Ministerial Statements.

(21) The terms in this entry should be interpreted in accordance with Australia's Foreign Investment Framework as at the date of entry into force of this Agreement.
(22) For the purposes of this entry, the term "foreign person" has the meaning set out in the Foreign Acquisitions and Takeovers Act 1975 (Cth) and the Foreign Acquisitions and Takeovers Regulation 2015 (Cth).
(23) The term "agricultural land" has the meaning set out in the Foreign Acquisitions and Takeovers Act 1975 (Cth) and the Foreign Acquisitions and Takeovers Regulation 2015 (Cth).
(24) The term "agribusiness" has the meaning set out in the Foreign Acquisitions and Takeovers Act 1975 (Cth) and the Foreign Acquisitions and Takeovers Regulation 2015 (Cth).

AU-4

Sector : All Sectors

Obligations Concerned

Non-Discriminatory Treatment as Compared with a Party's Own Investors (Article 4)

Description

Australia reserves the right to adopt or maintain any measure with respect to:

(a) (a) the devolution to the private sector of services provided in the exercise of governmental authority at the date of entry into force of this Agreement; and

(b) (b) the privatisation of government owned entities or assets.

Existing Measures

AU-5

Sector: All Sectors

Obligations Concerned

Non-Discriminatory Treatment as Compared with a Party's Own Investors (Article 4)

Non-Discriminatory Treatment as Compared with a Non-Party's Investors (Article 5)

Description

Australia reserves the right to adopt or maintain any measure (25) with respect to the provision of law enforcement and correctional services, and the following services (26) to the extent that they are social services established or maintained for a public purpose: income security or insurance; social security or insurance; social welfare; public education; public training; health (27); child care; public utilities; public transport and public housing.

Existing Measures

(25) For greater certainty, measures adopted or maintained with respect to the provision of services covered by this entry include measures for the protection of personal information relating to health and children.
(26) This includes any measure with respect to: the collection of blood and its components; the distribution of blood and blood-related products, including plasma derived products; plasma fractionation services; and the procurement of blood and blood-related products and services.
(27) For greater certainty, the subsidies programmes under Australia's Pharmaceutical Benefits Scheme and Medicare Benefits Scheme, or successor programmes, are not subject to this Agreement, in accordance with Article 2.3(a) (Scope).

AU-6

Sector: Communications Services; Recreational, Cultural and Sporting Services

Obligations Concerned

Non-Discriminatory Treatment as Compared with a Party's Own Investors (Article 4)

Non-Discriminatory Treatment as Compared with a Non-Party's Investors (Article 5)

Description

Australia reserves the right to adopt or maintain any measure with respect to:

(a) The creative arts (28), cultural heritage (29) and other cultural industries, including audiovisual services, entertainment services and libraries, archives, museums and other cultural services;

(b) broadcasting and audiovisual services, including measures with respect to planning, licensing and spectrum management, and including:

(i) Services offered in Australia; and

(ii) International services originating from Australia.

Existing Measures

Broadcasting Services Act 1992 (Cth); Radiocommunications Act 1992 (Cth); Income Tax Assessment Act 1936 (Cth); Income Tax Assessment Act 1997 (Cth); Screen Australia Act 2008 (Cth); Australia Council Act 2013 (Cth); Broadcasting Services (Australian Content) Standard 2005; Children's Television Standards 2009; Television Program Standard 23 – Australian Content in Advertising; Commercial Radio Codes of Practice and Guidelines; Community Broadcasting Codes of Practice; and International Co-Production Programs.

(28) For the purposes of this entry, "creative arts" include: the performing arts, including theatre, dance and music, visual arts and craft, literature, film, television, video, radio, creative on-line content, indigenous traditional practice and contemporary cultural expression, and digital interactive media and hybrid art works which uses new technologies to transcend discrete art form divisions.
(29) For the purposes of this entry, "cultural heritage" means: ethnological, archaeological, historical, literary, artistic, scientific or technological moveable or built heritage, including the collections which are documented, preserved and exhibited by museums, galleries, libraries, archives and other heritage collecting institutions.

AU-7

Sector : Education Services

Obligations Concerned

Non-Discriminatory Treatment as Compared with a Party's Own Investors (Article 4)

Non-Discriminatory Treatment as Compared with a Non-Party's Investors (Article 5)

Description

Australia reserves the right to adopt or maintain any measure with respect to primary education.

Existing Measures

AU-8

Sector: Gambling and Betting

Obligations Concerned

Non-Discriminatory Treatment as Compared with a Party's Own Investors (Article 4)

Description

Australia reserves the right to adopt or maintain any measure with respect to gambling and betting.

Existing Measures

Legislation and Ministerial Statements including the Interactive Gambling Act 2001 (Cth).

AU-9

Sector : Maritime Transport

Obligations Concerned

Non-Discriminatory Treatment as Compared with a Party's Own Investors (Article 4)

Description

Australia reserves the right to adopt or maintain any measure with respect to maritime cabotage services and offshore transport services (30).

Existing Measures

Customs Act 1901 (Cth); Fair Work Act 2009 (Cth); Seafarers' Rehabilitation and Compensation Act 1992 (Cth); Occupational Health and Safety (Maritime Industry) Act 1993 (Cth); Income Tax Assessment Act 1936 (Cth); Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth); Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Act 2012 (Cth); and Shipping Reform (Tax Incentives) Act 2012 (Cth).

(30) For the purposes of this entry, "cabotage" is defined as the transportation of passengers or goods between a port located in Australia and another port located in Australia, and traffic originating and terminating in the same port located in Australia. "Offshore transport" refers to shipping services involving the transportation of passengers or goods between a port located in Australia and any location associated with or incidental to the exploration or exploitation of natural resources of the continental shelf of Australia, the seabed of the Australian coastal sea and the subsoil of that seabed.

AU-10

Sector : Maritime Transport

Obligations Concerned

Non-Discriminatory Treatment as Compared with a Party's Own Investors (Article 4)

Description

Australia reserves the right to adopt or maintain any measure with respect to the registration of vessels in Australia.

Existing Measures

Shipping Registration Act 1981 (Cth); and Shipping Registration Regulations 1981 (Cth).

AU-11

Sector : Transport Services

Obligations Concerned

Non-Discriminatory Treatment as Compared with a Party's Own Investors (Article 4)

Description

Australia reserves the right to adopt or maintain any measure with respect to investment in federal leased airports.

Existing Measures

Airports Act 1996 (Cth); Airports (Ownership-Interests in Shares) Regulations 1996 (Cth); and Airports Regulations 1997 (Cth).

AU-12

Sector : All Sectors

Obligations Concerned

Non-Discriminatory Treatment as Compared with a Non-Party's Investors (Article 5)

Description

Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to any service supplier or investor under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement (31).

Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to any service supplier or investor taken as part of a process of economic integration or trade liberalisation between the parties to the Australia-New Zealand Closer Economic Relations Trade Agreement done at Canberra on March 28, 1983.

Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to any service supplier or investor of a Pacific Island Forum member state under any international agreement in force or signed after the date of entry into force of this Agreement.

Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to the service suppliers or investors of non-Parties under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving:

(a) Aviation;

(b) Fisheries; or

(c) Maritime matters, including salvage.

Existing Measures

(31) For greater certainty, this right extends to any differential treatment accorded pursuant to a subsequent review or amendment of the relevant bilateral or multilateral international agreement.

Annex I. Schedule of the HKSAR

INTRODUCTORY NOTES

Where an inconsistency arises in relation to the interpretation of an entry, the Description element of the entry shall prevail to the extent of the inconsistency.

HKSAR-1

Sector: All Sectors

Industry Classification

Obligations Concerned: Non-Discriminatory Treatment as Compared with a Party's Own Investors (Article 4)

Description

The HKSAR reserves the right to adopt or maintain any measure with respect to:

(a) Public law enforcement, ambulance services, correctional services, firefighting and rescue services; and

(b) The following, to the extent that they are social services established for a public purpose:

(i) Health;

(ii) Education;

(iii) Housing;

(iv) Training;

(v) Transport;

(vi) Public utilities;

(vii) Social security; and

(viii) Social welfare.

HKSAR-2

Sector: All Sectors

Industry Classification

Obligations Concerned Non-Discriminatory Treatment as Compared with a Party's Own Investors (Article 4)

Non-Discriminatory Treatment as Compared with a Non-Party's Investors (Article 5)

Description

The HKSAR reserves the right to adopt or maintain any measure with respect to the acquisition or ownership of land and properties in the HKSAR.

HKSAR-3

Sector: All Sectors

Industry Classification

Obligations Concerned Non-Discriminatory Treatment as Compared with a Party's Own Investors (Article 4)

Description The HKSAR reserves the right to adopt or maintain any measure with respect to the acquisition, sale or other disposition by natural persons of Australia of bonds, bills, notes, or other kinds of debt securities or instruments issued by the Government of the HKSAR (including the Hong Kong Monetary Authority) or by a Government enterprise.

HKSAR-4

Sector All Sectors

Industry Classification

Obligations Concerned Non-Discriminatory Treatment as Compared with a Party's Own Investors (Article 4)

Non-Discriminatory Treatment as Compared with a Non-Party's Investors (Article 5)

Description The HKSAR reserves the right to adopt or maintain any measure with respect to the privatisation, divestment, sale or other disposition of corporate entities, equity interests or assets in government ownership.

HKSAR-5

Sector: All Sectors

Industry Classification

Obligations Concerned Non-Discriminatory Treatment as Compared with a Non-Party's Investors (Article 5)

Description

Previous page Page 4 Next page
  • Section   A Definitions and Substantive Obligations 1
  • Article   1 Definitions 1
  • Article   2 Scope 1
  • Article   3 Relation to the Fta 1
  • Article   4 Non-discriminatory Treatment as Compared with a Party's Own Investors (3) 1
  • Article   5 Non-discriminatory Treatment as Compared with a Non-party's Investors 1
  • Article   6 Special Formalities and Information Requirements 1
  • Article   7 Non-conforming Measures 1
  • Article   8 Minimum Standard of Treatment 1
  • Article   9 Treatment In Case of Armed Conflict or Civil Strife 1
  • Article   10 Expropriation and Compensation (5) 1
  • Article   11 Transfers 1
  • Article   12 Subrogation 2
  • Article   13 Taxation Measures 2
  • Article   14 Denial of Benefits 2
  • Article   15 Investment and Environmental, Health and other Regulatory Objectives 2
  • Article   16 Corporate Social Responsibility 2
  • Article   17 Transparency 2
  • Article   18 General Exceptions 2
  • Article   19 Essential Security 2
  • Article   20 Temporary Safeguard Measures 2
  • Article   21 Prudential Exception and Related Exceptions 2
  • Section   B Settlement of Disputes between the Parties 2
  • Article   22 Settlement of Disputes between the Parties 2
  • Section   C Settlement of Disputes between an Investor and the Host Party (13) (14) 2
  • Article   23 Consultations 2
  • Article   24 Submission of a Claim to Arbitration 2
  • Article   25 Investment Disputes In Financial Services 2
  • Article   26 Consent of Each Party to Arbitration 2
  • Article   27 Conditions and Limitations on Consent of Each Party 2
  • Article   28 Selection of Arbitrators 2
  • Article   29 Conduct of the Arbitration 2
  • Article   30 Transparency of Arbitral Proceedings 3
  • Article   31 Governing Law 3
  • Article   32 Interpretation of the Annex on Non-conforming Measures 3
  • Article   33 Expert Reports 3
  • Article   34 Consolidation 3
  • Article   35 Awards 3
  • Article   36 Service of Documents 3
  • Section   D Final Provisions 3
  • Article   37 Annexes and Footnotes 3
  • Article   38 Amendments 3
  • Article   39 Entry Into Force 3
  • Article   40 Termination 3
  • Annex I  Explanatory Notes 3
  • Annex I  Schedule of Australia 3
  • Annex I  Schedule of the HKSAR 4
  • Annex II  Expropriation 6
  • Annex III  6
  • Annex IV  Service of Documents on a Party Under Section C (Settlement of Disputes Between an Investor and the Host Party) 6
    • Name
    Australia - Hong Kong, China SAR BIT (2019)
    PDF Link
    Australia - Hong Kong, China SAR BIT (2019)
    Signed date
    26 / Mar / 2019
    Treaty type
    Bilateral Investment Treaties
    Origin language
    en
    Party ISO codes
    AUS,HKG
    Relationship with other documents
    Type Agreements Date of signature Date of entry in force
    IT_OVERLAP Investment Facilitation for Development (2024)
    IT_UNKOWN Australia - Hong Kong, China SAR BIT (1993) 15 / Sep / 1993 15 / Oct / 1993
    IT_REPLACING Australia - Hong Kong, China SAR BIT (1993) 15 / Sep / 1993 15 / Oct / 1993
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